Country Fire Authority Amendment Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Country Fire Authority Amendment Regulations 2012 S.R. No. 66/2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Objectives—Principal Regulations 2 6 Definitions 2 7 Offences—Part 3 2 8 Penalties 3 9 Notice of an appeal 3 10 Offences—Part 4 3 11 Establishment of Appeal Panel 3 12 Appointment of secretary and treasurer 3 13 Designation of areas 3 14 Heading to Division 1 of Part 6 amended 4 15 Definitions—Part 6 4 16 Definitions—Part 7 4 17 Emergency attendances 4 18 Regulation 99 substituted 6 99 Property protection and loss mitigation services 6 19 Election of brigade representatives to municipal fire prevention committees 6 20 Part 9 substituted 6 PART 9—ALARM MONITORING INFORMATION 6 112 Information in the case of an alarm pre-connection 6 113 Information in the case of an alarm connection 7 114 Information in the case of an alarm modification 8 115 Information in the case of an alarm disconnection 9 116 Information in the case of failure of alarm monitoring system 10 117 Isolation and testing data 11 118 Information for verification purposes 11 21 Election of officers of brigades 12 ═══════════════ ENDNOTES 14 -- 1 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 66/2012 Country Fire Authority Act 1958 Country Fire Authority Amendment Regulations 2012 The Governor in Council makes the following Regulations: Dated: 28 June 2012 Responsible Minister: PETER RYAN Minister for Police and Emergency Services YVETTE CARISBROOKE Acting Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Country Fire Authority Regulations 2004— (a) as a consequence of the commencement of the Emergency Services Legislation Amendment Act 2012; (b) to convert fees and charges for emergency attendances by brigades from monetary amounts to fee units; and (c) to make other minor and consequential amendments. 2 Authorising provision These Regulations are made under section 110 of the Country Fire Authority Act 1958. -- 2 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 July 2012. 4 Principal Regulations In these Regulations, the Country Fire Authority Regulations 2004 1 are called the Principal Regulations. 5 Objectives—Principal Regulations In regulation 1(f) of the Principal Regulations, after "brigades," insert "members of forestry industry brigades,". 6 Definitions In regulation 5 of the Principal Regulations— (a) in the definition of brigade, for "an urban or rural brigade" substitute "a brigade"; (b) for the definition of brigade area substitute— "brigade area means the area of operation designated for a brigade by the Chief Officer under the Act;"; (c) for the definition of the Commonwealth Act substitute— "the Commonwealth Act means the Fair Work Act 2009 of the Commonwealth.". 7 Offences—Part 3 In regulation 11(a) of the Principal Regulations, for "20A(2), 26 or 44(1)" substitute "20A(2) or 26". r. 3 -- 3 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 3 Authorised by the Chief Parliamentary Counsel 8 Penalties (1) The note at the foot of regulation 12(1)(d) of the Principal Regulations is revoked. (2) The note at the foot of regulation 12(1)(e) of the Principal Regulations is revoked. 9 Notice of an appeal (1) In regulation 22(2) of the Principal Regulations, for "relief in respect of termination" substitute "a remedy for unfair dismissal". (2) The note at the foot of regulation 22(2) of the Principal Regulations is revoked. 10 Offences—Part 4 In regulation 43(a) of the Principal Regulations, for "20A(2), 26 or 44(1)" substitute "20A(2) or 26". 11 Establishment of Appeal Panel For regulation 51(c) of the Principal Regulations, substitute— "(c) a person nominated by Volunteer Fire Brigades Victoria Incorporated.". 12 Appointment of secretary and treasurer At the end of regulation 58 of the Principal Regulations, insert— "(2) A brigade may appoint a secretary who is not enrolled as a member of that brigade but is enrolled as a member of another brigade.". 13 Designation of areas For regulation 65(4)(c) of the Principal Regulations, substitute— "(c) the Secretary to the Department of Justice or his or her nominee.". r. 8 -- 4 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 4 Authorised by the Chief Parliamentary Counsel 14 Heading to Division 1 of Part 6 amended In the heading to Division 1 of Part 6 of the Principal Regulations, for "volunteers" substitute "members". 15 Definitions—Part 6 In regulation 75 of the Principal Regulations— (a) in the definition of member after "brigade" (where first occurring) insert ", an officer or member of a forestry industry brigade"; (b) in the definition of service as a member, in paragraph (b), after "paragraph (a);" insert "and"; (c) in the definition of service as a member, after paragraph (b), insert— "(c) in the case of a member of a forest industry brigade, only includes the services set out in paragraph (a) if those services are carried out under the command and control of the Chief Officer and are not carried out on the plantation holdings in the designated area for that forest industry brigade;". 16 Definitions—Part 7 In regulation 95 of the Principal Regulations, the definition of alarm signal monitor point is revoked. 17 Emergency attendances (1) For regulation 97(1)(a) of the Principal Regulations, substitute— "(a) the owner, occupier or owners corporation of premises on which is installed— (i) an automatic fire alarm system; or r. 14 -- 5 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 5 Authorised by the Chief Parliamentary Counsel (ii) equipment designed to detect a fire or other emergency conditions and transmit a signal of that detection— for the attendance of a brigade in response to a false alarm of fire given by or originating from that system or equipment if the Authority is not satisfied that there was a reasonable excuse for the occurrence of the false alarm;". (2) After regulation 97(1)(a) of the Principal Regulations, insert— "(ab) if ordered to do so by a court, a person who has been convicted of giving or causing to be given a false report of fire under section 107B of the Act for the attendance of a brigade in response to the false report;". (3) In regulation 97(2) of the Principal Regulations— (a) for paragraph (a), substitute— "(a) if the attendance is by a brigade where more than one employee is on duty— 30·21 fee units; or"; (b) for paragraph (b), substitute— "(b) if the attendance is by a brigade where only one employee is on duty— 22·36 fee units; or"; (c) in paragraph (c), for "$155.49" substitute "12·71 fee units". (4) Regulation 97(3) of the Principal Regulations is revoked. r. 17 -- 6 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 6 Authorised by the Chief Parliamentary Counsel 18 Regulation 99 substituted For regulation 99 of the Principal Regulations substitute— "99 Property protection and loss mitigation services Subject to any direction given by the Minister under section 6A(1) of the Act, the Authority may set charges under section 97C(2) of the Act as the Authority thinks fit.". 19 Election of brigade representatives to municipal fire prevention committees In regulation 103(1)(a) of the Principal Regulations, omit "urban or rural". 20 Part 9 substituted For Part 9 of the Principal Regulations, substitute— "PART 9—ALARM MONITORING INFORMATION 112 Information in the case of an alarm pre-connection (1) For the purposes of section 50AA(1) of the Act, the prescribed information in the case of an alarm pre-connection is— (a) the name of the alarm monitoring service; (b) details of the site to be monitored, including the name, street, cross street, suburb and GPS co-ordinates; (c) customer details, including entity name, postal address, contact name and telephone number; r. 18 -- 7 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 7 Authorised by the Chief Parliamentary Counsel (d) alarm number; and (e) whether the alarm system has previously been connected to the Computer Aided Dispatch system by another alarm monitoring service. (2) For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) is— (a) 5 working days prior to the connection of the alarm; or (b) if 5 working days prior to the connection is not practicable because the request to connect the alarm is made less than 5 working days before the alarm is to be connected, as close to 5 working days prior to the connection as is reasonably possible. 113 Information in the case of an alarm connection (1) For the purposes of section 50AA(1) of the Act, the prescribed information in the case of an alarm connection is— (a) the name of the alarm monitoring service; (b) details of the site being monitored, including the name, street, cross street, suburb and GPS co-ordinates; (c) customer details, including entity name, postal address, contact name and telephone number; (d) alarm details, including (if available)— (i) alarm number; (ii) alarm signalling equipment address; r. 20 -- 8 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 8 Authorised by the Chief Parliamentary Counsel (iii) alarm signalling equipment location; (iv) input device numbers; (v) input device alarm types; (vi) input device locations; (vii) whether it is an automatic alarm; (e) date of connection; (f) whether the alarm system has been tested end-to-end from the site being monitored to the Computer Aided Dispatch service provider to the Authority in real time and found to be operating correctly; (g) confirmation that the direct access location has been verified on the Computer Aided Dispatch map. (2) For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) is within 24 hours of the connection of the alarm. 114 Information in the case of an alarm modification (1) For the purposes of section 50AA(1) of the Act, the prescribed information in the case of a modification to any of the following details— (a) the name of the alarm monitoring service; (b) details of the site being monitored, including the name, street, cross street, suburb and GPS co-ordinates; r. 20 -- 9 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 9 Authorised by the Chief Parliamentary Counsel (c) alarm details, including (if available)— (i) alarm number; (ii) alarm signalling equipment address; (iii) alarm signalling equipment location; (iv) input device numbers; (v) input device alarm types; (vi) input device locations; (vii) whether it is an automatic alarm; (viii) the previous alarm number (if the alarm number has changed); (d) relevant fire station and key peg numbers (if provided by the Authority)— is the particulars of that modification, including the modified details. (2) For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) is within 24 hours of the modification of the details. 115 Information in the case of an alarm disconnection (1) For the purposes of section 50AA(1) of the Act, the prescribed information in the case of an alarm disconnection is— (a) the name of the alarm monitoring service; (b) alarm details, including (if available)— (i) alarm number; (ii) input device numbers; r. 20 -- 10 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 10 Authorised by the Chief Parliamentary Counsel (iii) input device alarm types; (iv) input device locations; (v) whether it is an automatic alarm; (c) whether the disconnection relates to all or part of the alarm system and if appropriate, which part or parts are being disconnected; (d) the date of disconnection; (e) whether the disconnection is permanent or temporary; (f) the building permit number (if applicable). (2) For the purposes of section 50AA(1) of the Act, in the case of an alarm being disconnected pursuant to a building permit issued under the Building Act 1993, the prescribed period for providing the information in subregulation (1) is within 24 hours of the disconnection of the alarm. (3) For the purposes of section 50AA(1) of the Act, in the case of an alarm being disconnected other than pursuant to a building permit issued under the Building Act 1993, the prescribed period for providing the information in subregulation (1) is 6 weeks prior to the disconnection of the alarm. 116 Information in the case of failure of alarm monitoring system (1) For the purposes of section 50AA(1) of the Act, in the case of a failure by an alarm monitoring system to be able to automatically process and transmit an alarm of fire, the prescribed information is the time and date of the failure. r. 20 -- 11 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 11 Authorised by the Chief Parliamentary Counsel (2) For the purposes of section 50AA(1) of the Act, in the case of the reinstatement of a failed alarm monitoring system, the prescribed information is the time and date of the reinstatement. (3) For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) or (2) is the period specified by the Authority in the written notice given under that section. 117 Isolation and testing data (1) For the purposes of section 50AA(1) of the Act, the prescribed information in the case of a review of the isolation and testing records of all alarms connected to an alarm monitoring service is the raw data generated by alarm signalling equipment connected to the alarm monitoring service regarding the isolation and testing of that equipment. (2) For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) is the period specified by the Authority in the written notice given under that section. 118 Information for verification purposes (1) For the purposes of section 50AA(1) of the Act, the prescribed information in the case of the verification of all alarms connected to an alarm monitoring service is the raw data generated by alarm signalling equipment connected to the alarm monitoring service in relation to— (a) the name of the alarm monitoring service; r. 20 -- 12 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 12 Authorised by the Chief Parliamentary Counsel (b) details of the site being monitored, including the name, street, cross street, suburb and GPS co-ordinates; (c) alarm details, including (if available)— (i) alarm number; (ii) alarm signalling equipment address; (iii) alarm signalling equipment location; (iv) input device numbers; (v) input device alarm types; (vi) input device locations; (vii) whether it is an automatic alarm; (d) the fire station and key peg numbers (if provided by the Authority). (2) For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) is the period specified by the Authority in the written notice given under that section. __________________". 21 Election of officers of brigades For clause 1(2) of Schedule 8 of the Principal Regulations substitute— "(2) A member of a brigade is not eligible to stand for the office of captain or lieutenant of the brigade unless— (a) the member has served as an officer of a brigade for 2 years or more; r. 21 -- 13 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 13 Authorised by the Chief Parliamentary Counsel (b) the member has the competencies specified by the Chief Officer as requirements for that office; or (c) the Authority waives the requirements in paragraphs (a) and (b).". ═══════════════ r. 21 -- 14 of 15 -- S.R. No. 66/2012 Country Fire Authority Amendment Regulations 2012 14 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 9/2004. Reprint No. 1 incorporating amendments as at 9 September 2008. Reprinted to S.R. No. 106/2008 and subsequently amended by S.R. Nos 67/2009, 66/2010 and 60/2011. Endnotes -- 15 of 15 --